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56 N.C. App. 459

State v. Floyd

Court of Appeals of North Carolina

Decided March 16, 1982

Court of Appeals of North Carolina · decided 1982-03-16

Cited by 2 later decisions — most recently April 1983

2 state decisions

Key passage — most relied on by later courts

“We conclude that where a witness testified that he has lived for some time in the same community with the person whose character is at issue, has known that person personally, and has heard nothing negative about him, the witness’s testimony is admissible as evidence of reputation. [Citations omitted.] The trial court erred in concluding otherwise. In the case at bar, there were no witnesses to the disputed events other than the defendant and the prosecuting witness. The outcome of the trial, therefore, necessarily turned on which version of the facts the jury believed, ie., which witness the jury found more credible. Accordingly, we find the court’s error in excluding evidence of defendant’s reputation was prejudicial and entitles him to a”

quoted by 1 later decision, including State v. Packer

Relies on State v. Carden

Good law ✅— No negative treatment on recordhow we know

Decided 1982-03-16

View the full empirical analysis of this case →

ARNOLD, Judge.

¶1Defendant’s sole assignment of error is that the trial court wrongfully excluded the testimony of two witnesses called by the defense to attest to defendant’s good character. Defendant argues that both witnesses testified that they had known him for a number of years and were familiar with his reputation. Defendant asserts that the court’s exclusion of their testimony on grounds that it was not based on what they had heard others say about defendant was error. We agree.

¶2While it is well established that proof of character presented as evidence of one’s conduct on a given occasion must be based on one’s reputation in the community rather than specific acts or the personal opinion of a witness, it does not follow that the only acceptable evidence of reputation is what the witness has “heard.” *461Indeed, what the witnesses here had not heard about the defendant, e.g. derogatory comments, may have been far better evidence of his reputation.

¶3We conclude that where a witness testifies that he has lived for some time in the same community with the person whose character is at issue, has known that person personally, and has heard nothing negative about him, the witness’s testimony is admissible as evidence of reputation. See State v. Carden, 209 N.C. 404, 183 S.E. 898 (1936), 1 Stansbury’s N.C. Evidence § 110 (Bran-dis Rev. 1973). The trial court erred in concluding otherwise.

¶4In the case at bar, there were no witnesses to the disputed events other than the defendant and the prosecuting witness. The outcome of the trial, therefore, necessarily turned on which version of the facts the jury believed, ie. which witness the jury found more credible. Accordingly, we find the court’s error in excluding evidence of defendant’s reputation was prejudicial and entitles him to a

¶5New trial.

Judges Clark and Whichard concur.
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